Recent content by Jockeyperry

When do you think they will reach a decision? The oral argument was held on 6/8/2010.

http://www.floridasupremecourt.org/pub_info/summaries/oa06-10.shtml under the Kathy Jo Cable case it says in bold print, "justice Canady is recused." what does this mean?

The warrant was for a possession with intent to sell. He has priors but no violent priors or anything of the sort. He could have been picked up leaving the house. Instead he was sleeping and SWAT raided the home in the early morning hours. Officers including the lead detective on the case...

I agree, I think the Cable case will hold as well. I've read on some of the most recent knock and announce cases here in Fl and the majority have held according to the knock and announce rule. How does the rule apply when officers go to a home with only an arrest warrant not a search warrant?

What do you think about the Kathy Cable case? Do you think they are going to rule just as they did in the Hudson v. Michigan case?

Thank you very much for this information. Does the Cable case have an effect on trial court decisions right now? Has it been decided for?

Hi, I am looking for information on a knock and announce case that is currently pending in Supreme Court. I am wondering where I can find information regarding this case? Our lawyer found it on Westlaw, but we do not have access to Westlaw and so we can not read updates or the ruling on...

Excuse my candor but, if your statement was not out of sarcasm, how can I help my husband get from point A to B? I hear the appeals process in FL may take about a year. That is not the problem. The problem is making sure he has proper representation. Can a public defender handle this appeal and...

The following is directly from jury instruction: Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it. In order to establish constructive possession of a controlled...

Thank you for your responses. According to his lawyer, there are grounds for appeal based on a denial of motion to suppress(knock and announce), denial of special jury instruction, and judgment of acquittal. Firstly, they did not knock and announce when entering the home. Swat simply banged...

My husband was convicted of trafficking in heroin and sentenced to 15years. The home where the drugs were found was occupied by multiple people. The landlord, another tenant, my husband and myself had access to this home. The drugs were found in a separate room, not a bedroom, but a room that...

Yes, my lawyer was consulted regarding this. He was the one who wanted to move forward with severing the cases. The cases were initially two different separate cases. The first case was an ongoing investigation. When arrest warrant was carried out, a second case was added(drug trafficking). The...

Initially cases were separate. Somewhere along the way they were joined by state. We are approaching trial and motion for severance has been filed. Statistically, are these types of motions granted? First case occurred 1 month prior to second case. 1st case has 2 counts and 2nd case is 1 count...

In FL, as I am sure you already know, trafficking in heroin within a certain amount of grams holds a certain amount of minimum mandatory prison sentances. How does purity and the amount that is actual heroin come into play here when sentances are given according to weight?

Is there a motion that will ask the courts to get an exact weight when charging a target for a drug crime. For example, heroin is found in home. It is wrapped in bags and has been cut. Is there law that will ask to seperate the actual drug from the cut(additives) to get an actual weight of the...